Director of Public Prosecutions v Pitts

[2021] VCC 771

IN THE COUNTY COURT OF VICTORIA

Revised

Not Restricted

Suitable for Publication

AT MILDURA

CRIMINAL JURISDICTION

CR 20-01745

DIRECTOR OF PUBLIC PROSECUTIONS

v

NATHAN PITTS

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JUDGE:	HIS HONOUR JUDGE SMALLWOOD
WHERE HELD:	Mildura
DATE OF HEARING:
DATE OF SENTENCE:	11 June 2021
CASE MAY BE CITED AS:	DPP v Pitts
MEDIUM NEUTRAL CITATION:	[2021] VCC 771

REASONS FOR SENTENCE

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Subject:

Catchwords:

Legislation Cited:

Cases Cited:

Sentence:

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr E. Dober	Office of Public Prosecutions
For the Accused	Mr R. Alexander	Buscombe & Madden Lawyers

HIS HONOUR: 

1Nathan William Pitts, you have pleaded guilty to one charge of common assault.  That crime carries a maximum penalty of five years' imprisonment.  

2You are now 19 years of age.  You were 18 years of age at the time of the offending.  Clearly, you were and still are a young person.  You pleaded guilty to a settled indictment and offered to plead guilty to a similar charge some time earlier.  Obviously, I think because you were friends with the victim, there is an element of remorse accompanying that plea of guilty, and clearly, you get the benefit of the - saving the community of the trial and all that sort of thing.  That goes very much in your favour as the utilitarian benefit. 

3You do have prior convictions which are of some concern and you are now receiving assistance from Youth Justice.  I will be giving you a CCO with work hours and I am operating on the basis that they will be able to continue to give you what assistance you need in life.  As a common assault, it is towards the lower end.  Obviously, the normal sentencing principles, general and specific deterrence, denunciation and appropriate punishment all have to play a part. 

4In this particular matter, there is no victim impact statement and I can understand why that is.  You and the victim were well known to each other and I accept that on your part, this is very much an aberration.

5The offending occurred in June 2020 when you and the victim were both 18.  You went to a party in Wendouree and at that place, the victim had driven his white Toyota Camry there.  The party continued into the following morning and at approximately 7.30 am, the victim went out for a cigarette.  When he returned, you spoke aggressively to him in terms of tone and volume and some bizarre conversation about whether he had actually gone to have a cigarette.  You then went up to his doorway and said, 'Can you chuck me your car keys please?' and you agreed that you ended up snapping in terms of that conversation.

6Once he refused to provide the keys, you lifted your jacket and showed a knife with an orange silicone handle attached to the accused's pants.  You are not to be sentenced for armed robbery and I do not do so but it is clearly a case where you caused your victim to have fear and that is what the assault or the common assault is.  You eventually took the keys.  The victim asked you if he could get a lift back home.  You said, 'You're walking.  The only place I'm taking you out in the bush in a boot.'  Clearly, you were both seriously drug affected.  My understanding is - and I am not going to make this as a formal finding but there is evidence in the materials that you were in fact on magic mushrooms.  And that is not inconsistent with what happened.  But in any event, off you went.  

7That orange handled knife was subsequently located.  It is important to note that the car keys were found in the vehicle.  There is no evidence before me that you drove the vehicle at all or whatever you did.  I think you have got probably very little memory of it all that that is in fact what happened.  The victim obviously reported the matter to the police because he was concerned for all sorts of reasons.  As I understand it, there has been no suggestion of misconduct against him since.  And there the matter rests I think because if he had not said that he is worried about his vehicle, this might never have got to police attention.  But the fact of the matter is it has and it has to be an appropriate disposition. 

8You are of Samoan descent.  You are now 19 years of age.  As I indicated, you do have some concerning prior matters in the Children's Court.  You have now been dealing with Youth Justice for a while.  You are also doing a civil construction course which is very much to your credit.  At your young age, you already have a child.  You have difficulties with your partner as I understand it but people are endeavouring to assist.  You are still very young in terms of getting your act together and leading a useful life.  You are doing a work component for Corrections and are going to be doing some more as a result of this particular disposition. 

9It is good to see that you are endeavouring to get a gainful career, that you do have relatively good circumstances under which you live and being in the country obviously, you have got a lot of opportunities open to you.  I see that in a couple of weeks' time you may be going more days a week in terms of the certificate that you are endeavouring to achieve and that is all very much to your credit. 

10I do not think in these circumstances I need to take it any further than that.  You are still young.  The prospects of your rehabilitation are up to you.  If you can get your act together, get work and get stable in your - what might be described as - home environment, I feel pretty confident that you will not offend again.  If you do offend again and breach this CCO, you are going to be in serious bother, and I think you already know that.

11It will be run concurrently with any other disposition that may be imposed in the Magistrates' Court.  You have been on CISP now for quite some time and you have done pretty well.  I understand that you have been living at addresses that you should not have been living in in terms of your bail conditions but so be it.  I think you are doing your best.  I am prepared to give you a chance.

12Taking all those matters into account and also the fact that you did give this bloke a real fright, I think that the circumstances are such that I give you a community corrections order.  It will be with conviction.  You are required to do 75 hours of community service work.  And I will make this an extended period of time.  I will make that over three years.  But you understand that once you have done the 75 hours, the CCO is finished.  All right?  With a work-only, it finishes when you do the hours.  So if you can knock those hours off in a year, the CCO is only going to be for a year.  Do you follow that?  All right.  Do you agree to such a CCO?

13MR ALEXANDER:  Yes, Your Honour.

14HIS HONOUR:  Yes, if the record could note that the accused has agreed orally to that CCO.  It is going to be Mildura Corrections, is it?  Bendigo.  Sorry, miles away.  Yes, Bendigo Corrections, yes.

15MR ALEXANDER:  He is in Ballarat I think, Your Honour.

16HIS HONOUR:  Ballarat?  I have got - look, I am in Mildura.  I may as well be on the moon.  Honestly, I have totally lost track of my entire existence, Mr Alexander. 

17MR ALEXANDER:  That is all right, Your Honour.

18HIS HONOUR:  You know, these case management, (indistinct) worked it out the other day.  See how many of them I have got floating around?  Fifty-nine.  And I am supposed to, you know, remember them all.  I obviously get the facts right.  It is the towns that I have lost. 

19MR ALEXANDER:  Well, you have moved further south from Mildura, Your Honour, so that is a start.

20HIS HONOUR:  All right.  That CCO is made.  Now, Mr Pitts, you understand, the 75 hours.  You know what you have got to do.  It  is over that period of time.  Get the work done.  The CCO is all over.  But whatever you do, do not breach it by getting into strife with this sort of offending again.  I will have to bring you back and resentence you.  All right.  And I really do not want to have to do that.  And you do not want me to have to do it either.  So stay good and good luck with it.  Thanks for that.  Thanks, gentlemen.

21MR DOBER:  Your Honour, if I may, I think the court ‑ ‑ ‑ 

22HIS HONOUR:  There will be a copy of that sent to you.

23MR DOBER:  ‑ ‑ ‑ already indicated that the forfeiture order is made.  The matter of 6AAA because the CCO is formally longer than two years ‑ ‑ ‑ 

24HIS HONOUR:  Yes.

25MR DOBER:  ‑ ‑ ‑ 6AAA is engaged.

26HIS HONOUR:  But for your plea of guilty, I would have given you 150 work hours over three years.

27MR DOBER:  As Your Honour pleases.

28MR ALEXANDER:  As Your Honour pleases.  Thank you, Your Honour. 

29HIS HONOUR:  Thank you gents.

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